Research Topics: Human Rights Essays

Philosophical Foundation of Human Rights

Philosophies Several theoretical approaches have been advanced to explain how and why human rights become part of social expectations. One of the oldest Western philosophies on human rights is that they are a product of a natural law, stemming from different philosophical or religious grounds. Other theories hold that human rights codify moral behavior which is a human social product developed by a process of biological and social evolution (associated with Hume). Human rights are also described as a sociological pattern of rule setting (as in the sociological theory of law and the work of Weber). These approaches include the notion that individuals in a society accept rules from legitimate authority in exchange for security and economic advantage (as in Rawls) – a social contract. Contemporary history The preamble to the 1948 Universal Declaration of Human Rights asserts that rights are inalienable: “recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world.” However, there is still much dispute over which “rights” are truly natural rights and which are not, and the concept of natural or inalienable rights is still controversial to some. A libertarian view of inalienable rights is laid out in Morris and Linda Tannehill’s The Market for Liberty, which claims that a man has a right to ownership over his life and therefore also his property, because he has invested time (i.e. part of his life) in it and thereby made it an extension of his life. However, if he initiates force against and to the detriment of another man, he alienates himself from the right to that part of his life which is required to pay his debt: “Rights are not inalienable, but only the possessor of a right can alienate himself from that right – no one else can take a man’s rights from him.” Human Rights Human rights refer to the “basic rights and freedoms to which all humans are entitled.” Examples of rights and freedoms which have come to be commonly thought of as human rights include civil and political rights, such as the right to life and liberty, freedom of expression, and equality before the law; and economic, social and cultural rights, including the right to participate in culture, the right to food, the right to work, and the right to education. By the Article 1 of the United Nations, Universal Declaration of Human Rights (UDHR) – All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit and brotherhood. Natural rights In pre-modern scientific understandings of nature, human nature is understood with reference to final and formal causes. Such understandings imply the existence of a divine interest in human nature, and/or the existence of an ideal, “idea,” or “form” of a human which exists independently of individual humans. Natural law theories base human rights on a “natural” moral, religious or even biological order that is independent of transitory human laws or traditions. Socrates and his philosophic heirs, Plato and Aristotle, posited the existence of natural justice or natural right. Of these, Aristotle is often said to be the father of natural law, although evidence for this is due largely to the interpretations of his work by Thomas Aquinas. The term “human rights” has replaced the term “natural rights” in popularity, because the rights are less and less frequently seen as requiring natural law for their existence. Human Nature Human nature is the concept that there are a set of characteristics, including ways of thinking, feeling and acting that all ‘normal’ human beings have in common. The Laws of Human Nature 1. Nobody cares unless it makes them look bad It simply means that most people will not pay close attention to comments, news articles or conversations that do not (either directly or indirectly) make them appear in a negative light. 2. Blame someone else It states that in a situation which could be deemed as one person’s fault, they will invariably try to blame somebody else. Very few people will immediately take the blame for their actions without first attempting to adhere to this ‘Law’. 3. Humor is at somebody Else’s expense This is one of the more complicated laws, but has been genuinely proven. It means that something is only funny or humorous if it means, insults or otherwise humiliates, somebody else. 4. “Make to Break, Give to Take” This is the most difficult to understand of the four supposed ‘laws’. It is generally accepted that this law refers to “give and get” meaning that people are only willing to give something away when they think or intend to get something else in return. It may also refer to the fact that most governments spend more money on military research than other ventures. Regardless, it is very hard for most people to understand but, when logical and knowledgeable thought is applied, it can make perfect sense. Universal Human Rights in Theory and Practice Synopsis Jack Donnelly elaborates a theory of human rights, addresses arguments of cultural relativism, and explores the efficacy of bilateral and multilateral international action. Entirely new chapters address prominent post-Cold War issues including humanitarian intervention, democracy and human rights, “Asian values,” group rights, and discrimination against sexual minorities.     Debate We are all at a table together, deciding which rules to adopt, free from any vague constraints, half-remembered myths, anonymous patriarchal texts and murky concepts of nature. If I propose something you do not like, tell me why it is not practical, or harms somebody, or is counter to some other useful rule; but don’t tell me it offends the universe. Upon examining the difference between the perspectives of the United Nations and Donnelly, both concepts are pointing out a particular subject. The two laws are just trying to convey the law that covers all the man on earth. The concept of the Law in the UDHR, it only summarizes the human race. The law governed the entire nation with no predicament about the cultural differences among the races. The law stated in the United Nations’ address simplifies the meaning in a simple state that everybody will understand it, not only by mind but also by heart. Meanwhile, on Donnelly’s point of view, he only made a broader sense of the stated original law. It covers the different races in the symmetric way that a person can see. The synopsis on his study explains that there are now full understandings in different people bearing different culture. This law does not exemplify anyone, in the sense that the people, no matter what country he belongs or if he is a black or white American or an Asian, deserves equal rights and treatment from the people that surrounds them. In the view concerning the key topics: the human right, human nature and natural right, it is obviously that they are different in terms and the way they are discussed by different professionals and famous scholars and philosophies. But if an ordinary person just look at it a way that he can easily understand it, he might just say “what’s the problem between those three? They were just different in the way that they are interpreted, but still they are all concern about the humans”. In other words, their responsibilities about the human law ideas are a matter of how the other human treat the other. There are playing in a conscience if the person hurts the other. Then the other might planted a hidden anger that might grow through years. In the study’s own perspective, the human law is the main body that summarizes human rights. The human right is formed because of its cell called the human nature. And the human nature is the foundation of what is the person now, if not, it is the basis in making a body of law. Sources: Human Rights [Online] Available at: http://en.wikipedia.org/wiki/Human_right [Accessed 03 Aug 2009]. Natural Right [Online] Available at: http://en.wikipedia.org/wiki/Natural_right [Accessed 03 Aug 2009]. Human Nature [Online] Available at: http://en.wikipedia.org/wiki/Human_nature [Accessed 03 Aug 2009]. Laws of Human Nature [Online] Available at: http://en.wikipedia.org/wiki/Human_nature#Influential_views_of_human_nature [Accessed 03 Aug 2009]. Donnelly, J., (2002). Universal Human Rights in Theory and Practice. Cornell University Press [Online] Available at: http://en.wikipedia.org/wiki/Human_right [Accessed 03 Aug 2009].   Credit:ivythesis.typepad.com

Philosophical Foundation of Human Rights

Philosophies Several theoretical approaches have been advanced to explain how and why human rights become part of social expectations. O...

ADVOCACY

ADVOCACY, RIGHTS AND REPRESENTATION FOR ASYLUM-SEEKERS AND REFUGEES Introduction             This report will discuss the concept of right, advocacy and representation as they relate to young adult offenders. I will identify an advocacy role that supports the asylum-seekers, refugees and migrants in their immediate communities while demonstrating their rights and critically evaluating their contribution in promoting effective social work practice. I will collate information on issues, challenges and conflicts from my placement experience in lieu with applying the concept of advocacy and representation with these service-user groups.             My placement is with an organization that provides asylum-seekers and refugees that are driven to find a safer place and protection. According to a poll carried out by  that coincided with the Refugee Week in 2002, treatment of refugees and asylum-seekers are four times more likely to show a positive attitude than negative one. However, people often misunderstood these groups specially about their entitlement to state benefits particularly when the media portrays negative images of refugees and asylum-seekers.       As an instrument to provide assistance, advocacy for young offenders grants them a practical guidance for their being, individual support counseling particularly in judicial processes and safeguarding the implementation of the youth justice system. The effectivity of advocacy reflects an efficient representation of youth offenders through increasing their engagement level in education, training and employment in a way than enables them to envisioned themselves as a functional member of the society.         The concept of advocacy, rights and representation             Understanding the concept of advocacy conforms to realistic, convincing and confident advises. As  puts it, advocacy is “a valuable skill, a transferable skill and a lifelong skill” (1999).  Learning a competent job as advocating is as tough as the need to persuade people. Placing advocacy in a meaningful framework means to effectively understand the clients’ objectives, to analyse the extent to which the law can help to achieve such and to prepare and present a case through the most favorable technique. The concept of advocacy deals with a two-fold conduct: the case advocacy and the cause advocacy. Case advocacy focuses on individual cases which involves a partisan intervention on behalf of the client or identified client group. Cause advocacy collective/communal issues by means of social change efforts and improving social policies ( 1996, ). The essence of advocacy is winning cases. Toward this end, advocates take a closer look on the depth of cases and its strength and taking part in the administration of justice as well. The qualities of advocacy conforms to a continuous technique acquisition, practice and honing. Its application makes it different from any other specialties as advocacy was observed in public upon the scrutiny and judgment of people. Advocacy also deals with different cases; thus, each case has to be custom-built ( 2007, ).             Effective advocacy requires an effectual advocate. The attributes of an effective advocate includes voice – quality over volume; words – good command of words and eloquence; order – apparent logical presentations; courage – a civilised warfare that avoids tenacity and belligerence; presence – the sense of being there mentally and physically; observation – intent use of sight; wit – quick-witted and serious; emotions – a good knowledge on human affairs and of human nature; law and evidence – knowledgeable on the statute law and its application and familiarity on rules of evidences ().              Advocacy, in addition, takes into account the awareness on rules of procedure, court propriety, ethics, language and logic aside from laws and evidences. The rules of procedure refer to the formalities while inside the courtroom. Propriety is the do’s and don’ts in court undertakings. Examples of these are standing when spoken to by the judge, keeping silent when a witness is taking an oath or affirmation and being respectful in words and demeanor at all times. Advocates steer clear of making serious mistakes and expect arguments during court procedures ().                   The concept of right is figuratively expressed upon the concept of ‘person’ – physical or juristic – who has obligations and rights as part of their totality ( 2002, ). Whether technical or personal advocacy, the process provides a right of choice, access, justice, social development, support, empowerment and prevention to which the advocate represents ( and  2001, ). The strongest right to advocacy and right to representation are held by the National Association of Social Workers (NASW) especially for children and young adults (1991, ). It states that children must have to right to be represented, right of an effective advocacy services and right to have their interests protected and fight against for. The right to representation provides more social empowerment and right to advocacy ensures benefits and legal rights are provided accordingly ( 1992, ).    Legal representations are central to advocacy. The concept of representation deals with three dimensions: nature of expertise, representative-client relationship and accountability and control. There are general and specific expertises. General process expertise refers to the knowledge on how-to’s as examining and cross-examining witnesses, preparing written arguments and developing and presenting a case. Specific process expertise involves know-how on particular differences from the general model. The clear connection between the representatives and clients manifests in a thorough understanding of the representational role. Formal legal representations purport on accountable proceeding through a forum-centred control ( 1998, ).    Advocacy Role             The primary goals of advocacy are achieving social justice and people empowerment. In achieving these goals, a proactive, responsive and participatory advocacy is necessary. The role of the advocate is to speak on behalf of the clients and to empower clients to speak on their behalf whenever their rights have been denied. The advocacy role is a critical strategy, according to , more specially for those who are grounded in ecological approach to practice since it expands opportunities by protecting the interests of the clients.  also viewed advocacy as a classic role which aimed at changing the social environment of clients (1996, ).             Effective advocacy role is evident from data collection to building coalitions. In particular, the advocacy process begins with locating the problem, identifying objectives of intervention, the target system of advocacy intervention, determining levels of authority or sanction for the targeted system, identification of resources available, determining degrees of reception or resistance with regards to the proposed advocacy effort, analysis of the level at which intervention will occur, identification of object of intervention and explanation of probable outcomes of advocacy efforts (. ). The advocacy role is carried-out at three levels that include advocacy for oneself, advocacy for clients and advocacy for the community as a whole ( and  1992, ).             Advocacy is a concept embraced by social work. Advocating for clients’ rights is vital for social work profession. Government-sponsored case management systems enabled the legitimization and standardization of advocacy functions as a component of a professional social work services (as cited in  and ). As an intervention strategy at first, advocacy now directly point to improving social functioning as the major goal. The advocacy role, from a social context, includes the redistribution of power and resources to an individual or group with demonstrated needs, guarding the clients’ rights and preserving their values, conserving their best interests and overcoming the sense of powerlessness ().                The Refugee and Asylum-Seeker Advocacy (RASA) Project, for example, is very particular with their advocacy role. The group ensures that specifically aimed at providing services to refugees and asylum-seekers. RASA lend a hand for these groups through understanding the legal implications, settling into the community and appreciating the social benefits of resettling in the Wakefield Area. Specifically, the group provides them with advocacy and information on family issues and problems, healthcare, housing, employment and racial harassment. Placement Experience – Asylum-seekers and Refugees Services             To act as an advocate for asylum-seekers and refugees means to ensure that they are receiving necessary welfare benefits advice and informations. Since UK had a long tradition of welcoming refugees and asylum-seekers, the advocacy role for them is immense. The key responsibility is to integrate and relate refugees and asylum-seekers within the entire construct of the host countries. As advocates, the work is to make them participate in social, cultural, civic, economic and political life.             The advocates must also empower them to contribute to the community in exchange of an effort to protect their rights and being. In particular, the advocates, aid- and service-providers, government and the population alike create and prepare communities that shall welcome asylum-seekers and refugees. Likewise, these groups must be provided with an improved condition for engagement and empowerment.             As advocates, the main purpose is to provide them with access to services such as employment, legal support, education and others. While using several community development techniques customised for asylum-seekers and refugees, advocates are challenged to perform their social services work. They must perform to use to and make service-users adopt the frameworks of individual and communal empowerment. They are assigned to place equal importance in capacity-building for themselves as well as the asylum-seekers and refugees. They are also asked to explore receiving communities and understand the basics of settlement process. So that advocates can aid them at resolving conflicts with nationals and laws and the media.  Challenges and Conflicts             The primary challenge for advocates for asylum-seekers and refugees refer to undocumentation. There are many undocumented arrivals of migrants all over the world. They are forced to work outside their home countries. The conflict arises when, as a result to enter in another society and culture, asylum-seekers and refugees inflict self-harm, denial of medical treatment, destitution, hazardous working conditions and racist attacks. Some are even prevented by laws to work and stay legally. Another challenge for these service-users is deportation and unlawful deaths that jeopardizes their rights specially of children and young adults.             Since this is already the case, the challenge for advocates conform to legal protections, providing humanitarian aids, handling combatants, managing mass flights and non-refoulement. Local and international policies, along with advocates and services-providers, concern the issues that haunt refugees and the like. They are challenged mainly by their responsibility to protect. The dilemma for humanitarian aid-givers is to provide protection under conditions of conflict ( 2002). The main challenge for advocates is asylum-seekers and refugees’ resistance. Some of these groups are not ready to accept and integrate to new communities. They thought of themselves as futile, malfunctioning new members of the society. When they wanted to have access on education, employment and resources, they are often faced with discriminatory practices. In effect, asylum-seekers and refugees arrived at looting, drug-pushing and using and nervous breakdown.             As they are always judged by the media and the people at host country destinations, their every act is taken against them even if it was the other people’s fault. Representing them before the court places a challenge on educating them at what must be done. The challenge and conflict herein is finding a low-cost, quality legal assistance so as not to further deprive their rights. Another challenge is to sustain their entitlement rights of state benefits while avoiding violence exacted by refugees and asylum-seekers once their pride is overstepped by other individual or even law that could later result in court proceedings and misrepresentations. Conclusion             The concept of advocacy, rights and representation are separate yet intertwining constructs. Advocacy directly purports a representation. Both advocacy and representation are rights to offenders. Applying these three concepts require an understanding of the basics of advocacy and representations as well as acquiring knowledge on what must be fight against for.  The evaluation of an effective advocacy role is explicit on the outcomes of interventions as success or failure. The role encompasses from individual to communal to societal or internal to external processes. As such, the broader perspectives of advocacy must mean significant changes in social functioning of the individual offender and the community in general. Acting as asylum-seekers and refugees advocates means a holistic and proactive engagement from the inception of the offense into sentencing processes. Advocacy necessitates the expertise, skills and attributes that could likely win cases in favor of what is right and just. Notably, advocacy efforts underpin a critical role made by the social workers as intermediating mechanisms that enables a proper implementation of rights and justice systems. The challenges experienced by the asylum-seekers and refugees are engaging in the larger community, overcoming powerlessness and functioning as a real member of the society. The challenges for advocates and services-providers are resistance, legal representations, education and communal-acceptance support. Bibliography Credit:ivythesis.typepad.com

ADVOCACY

ADVOCACY, RIGHTS AND REPRESENTATION FOR ASYLUM-SEEKERS AND REFUGEES Introduction This report will discuss the concept of ri...

HR (Business Obligations)

Business Obligations There is guidance in terms of making the business in UK. Many service providers are guided by the regulations the country imposed to protect both of the workers and the management team. A service provider has to take the steps within the scope of the given regulations and keep the business align to it to avoid some misunderstanding in relation to its application. The regulations are focused in legal structures in establishing the business and any extensions. Companies have their legal duties and respect in human rights. Human rights advocates, who have traditionally focused on government accountability and includes business. Direct and Indirect Obligations The protection of human rights is primarily concerned with the obligations of states and gradually providing legal obligations to companies. -          The states have a duty to protect human rights and in consequence must ensure that private actors, including companies, do not abuse them – this duty gives rise to indirect obligations on companies. -          International law can place direct legal obligations on companies, which might be enforced internationally when stated are unable or unwilling to take action themselves. Indirect obligations are firmly established. Though less strong, there is some basis for extending direct legal obligations to companies. Beyond Voluntarism Not everyone believes that law, and international human rights law in particular, is the appropriate instrument for ensuring that companies respect human rights. Some argue that voluntary approaches and self-regulation have produced results and that appeals to self-interest ultimately change company behavior more effectively. The point is made that international legal rules are abstract and difficult to enforce, and that companies are already subject to national law and regulation. In many relevant areas including health and safety, labor rights, and environmental protection are considered part of the company obligation. Law Complements Voluntary Approaches Law can never provide a complete solution. International legal rules are difficult to apply in practice and will not change company behavior overnight – as they have not immediately transformed the behavior of governments. Voluntary codes can be easier to apply, because they are adapted to the circumstances of particular industries or firms. Some go beyond minimum human rights standards. Even where voluntary approaches are working, however, anchoring these in a legal framework is likely to enhance their effectiveness. And where voluntary approaches are not effective, a legal framework provides powerful tools and incentives for improvement. Legal and voluntary approaches should complement one another. Direct Legal Obligations on Companies International law can impose obligations directly on companies. The international legal system is made by states but is no longer exclusively for states. It is evolving to regulate companies directly, as well as indirectly through states. Many inter-governmental organizations have concluded that companies should respect human rights and some international standards already refer explicitly or by interpretation to companies. They include: • The Preamble to the Universal Declaration on Human Rights, • The Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy, adopted by the International Labor Organization (ILO), • The Guidelines for Multinational Enterprises, adopted by the Organization for Economic Co-operation and Development (OECD). Many legal experts continue to say that existing declarations referring to corporations are voluntary in character, or are “soft law” standards that do not impose a legal duty on companies to abide by human rights norms. The reality is more complex. Both the OECD and ILO documents have the status of authoritative and high-level declarations of states. The Universal Declaration remains one of the most respected and authoritative human rights documents. Binding international legal norms also impact on companies. The most serious human rights violations are outlawed by international criminal law. Managers or employees may be prosecuted if they are implicated in crimes against humanity or war crimes. Case Analysis Since it is voluntary and free of service, the management should not blame what happened to them. The investigation will start form the existence of the asbestos in the ceiling. The investigators should trace all the possibilities, the events, and the purpose of placing the asbestos. However, part of the club’s responsibility is to be concerned about the people who were present in the held meeting. The managers should assist those individuals who experienced suffocation, head ache, vomiting or anything related in the case of inhaling the asbestos. After the action conducted by the managers, they should report it back to the management or to the owners so that they can provide proper action and health assistance for the volunteers. They must repay the volunteers for their kindness even though at some point, they will experience a month of loss.   Credit:ivythesis.typepad.com

HR (Business Obligations)

Business Obligations There is guidance in terms of making the business in UK. Many service providers are guided by the regulations the c...

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